Trademarks

Trademarks, trade dress and branding can be key
elements of a successful business.
Whether you provide a service or a product, your image and your
tradename may be protectable at the state and federal levels through trademark
registration and monitoring. Applying
for trademark protection, however, can be a difficult process due to the
complex rules associated with what can and cannot be
trademarked. I can work with you to develop a
strategy for your image, slogans and branding for maximum protection.

Patents

As a licensed patent attorney, I can help you
with a strategy to apply for patents that will best meet your needs. Whether you have
your own drawings or need me to create them for you, I can draft complete
provisional, non-provisional, design and international WIPO applications to
provide the level of protection you need. I can also help you with non-disclosure
agreements, licensing, manufacturing and distribution contracts, and agreements with web
advertisers and sales operations to help you get the most from your inventions
and ideas.

Copyrights

Anything you create and record, whether it is artwork or text in print, digital or fixed images, audio, or motion pictures, belongs to you and the copyrights should be managed and protected to ensure your rights are protected. There are many subtleties associated with Copyright Protection that should be leveraged to ensure your work is wholly owned by you and cannot be controlled by someone else. This is particularly important in areas such as music and music video, where protections not only extend to the audio, but also to the audio as paired with images. Contact me to discuss your particular needs or concerns.

Wineries Use of Social Media

Using social media for advertising and promoting your brand can increase your winery’s visibility, sales and popularity. The TTB does view the use of social media as advertising, so all of the laws regarding target audience, content, and
retailers apply. I can help you navigate the complexities of the regulations to ensure your tweets and other social
outreach are compliant.

Business Services

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Whether you have an on-going business or are just starting out, I can help with liability protection, contracts for products or services, employee offers and agreements, secured financing contracts, and compliance with local and state legal requirements.

Business Contracts

Wine
Industry: Most vineyard
owners, farmers, grafting services, wine makers, and winery operators would like to have contracts in place that will ensure they can count on the same good suppliers or buyers each harvest year. Whether you are looking for a long or short term contract, I can help with focus on fine details with clauses that protect both parties and that allow one contract to be used successfully over many years.

Small
Business Owners: Whether you are a raw
material vendor, a value-add manufacturer or a distributor, you will often be
dealing with landlords, suppliers, lenders, or large companies that have their
own forms and contracts. Most small
business owners aren’t aware that these contracts can and should be fully negotiated.
In addition to assisting with
negotiations, I'll help you set up standard contracts for your clientele
that ensures your clients know what you’ll deliver while providing you with personal liability protection.

Non-construction Property Improvements: If you are a Resource Conservation District or other entity working with local landowners to do environmental property improvements using Federal or State funding, I can assist with the contract development and review. I'll ensure that the contract meets the needs of all the parties involved, and provides the necessary liability protection for the Contractors as well as the Landowners.

Buy/Sell and Investing

If you are buying or selling a business, such as
a franchise, a restaurant, or a winery, I can help from the initial Memorandum
of Understanding, through the negotiation process to final closing. As they say, the devil is in the details, and
the details can make a big difference in any buy/sell agreement. In addition to drafting the contracts and handling legal requirements such as bulk sale publications and property transfers, I can advise you on employee communication, vendor contracts, and customer retention plans.

If you are considering
investing in a business, whether it is to help out a trusted friend or get in
on the ground floor of a new venture, I'll help to protect your investment by
securing transactions with county-level property recordings and UCC filings, as appropriate.

Business Formation

Starting
a business on your own or with a partner can be an exciting and sometimes
daunting proposition. I can help you
choose the best form of company for your needs, whether it is a partnership, a
limited liability company, a for-profit corporation or a not-for-profit corporation, and
guide you through the steps to get the company started and up and running. You choose the level of involvement you’d
like from me, whether it is simply guidance and advice or hands-on assistance
at each step for getting your business licenses, and filings at each government
level completed. As your business grows
and your needs evolve, I can help you with business contracts, employees, and
compliance with state, local, and federal regulations.

Medical and Recreational Marijuana

If
you are currently a Medical Marijuana supplier in California, you probably have
a Non-Profit Mutual Benefit Corporation or a Not-for-Profit Collective to
legally sell your product. Technically,
these non-profit organizations are still the only legal way to sell cannabis in
California, even with the success of Prop 64.

I can help you evolve your current corporation or collective to get you ready for the changes that Prop 64 has triggered. Call me to discuss the current state of Prop 64 and the next steps for you.

No matter what
stage your marijuana business is in, I can provide guidance to keep your business compliant.

REAL ESTATE PROPERTY LAW

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Owning real estate in Northern California is an investment not only in the land, but also in your future. There are many options that can be explored to ensure the long-term benefits of being a property owner.

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Long term leases and purchases with Reserved Life Estates are just two of the many options that I can assist with to protect your ownership.

Real Estate Contracts

Due
to unique situations, conventional financing is not always an option when
purchasing property or a home. I specialize in setting up binding, long-term contracts that help both the buyer
and seller to close a property sale.
Whether the transfer involves a seller-financed arrangement, a special
family situation, a rent-to-own, or an unconventional loan from an individual,
I can help to create a contract that helps
to avoid pitfalls and problems down the road.

Easements and Property Lines

Fences are rarely built directly on a property line. This can cause confusion about the true property boundary, and claims from neighbors of encroachment or ownership. These problems can be resolved with boundary line adjustments, or oftentimes, with less expensive alternatives, such as easements, contracts or signage. I can help to negotiate, document, and record the best alternative for your unique situation. Even if you are just Installing a new gate on a private driveway, if it impacts your neighbors, I can help with easements or agreements that ensure all land owners and tenants understand the plan and agree to the terms.

Williamson Act Properties

Williamson Act easements can pose daunting restrictions on the use and development of your property. Before buying a property under a Williamson Act contract, contact me to assist with review of the details for complete advice on what the restrictions would mean for you.

Attorney Profile

Beverly Bartels

Areas of Practice:

My practice includes contract law, intellectual property (software, trademarks, copyright), property line disputes, and business formation and management. I am also a licensed patent attorney, with focus on design, process and mechanical utility patents.

Education and Experience:

I received my Bachelor of Science degree from Cornell University in Mechanical Engineering with a focus on Aerospace.

Prior to entering the legal field, I enjoyed a successful engineering career, working first in the aerospace industry developing flight controls for aircraft and then in telecommunications where I specialized in compliance with industry and government regulations. My business experience includes managing and working with technical, legal, operational and sales organizations to maintain industry compliance and ensure profitability of the business.